HomeMy WebLinkAboutOrdinances - ORD-16-1811 - 09/19/2016 - USE VARIANCE & OFF ST PARKING 335-337 FRONT STORDINANCE NO ORD-16-1811
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW RESTAURANT
SERVING ALCOHOL WITH OUTDOOR SEATING, SERVICE AND CONSUMPTION
OF FOOD AND ALCOHOL OUTDOORS AND A VARIANCE FROM THE OFF-
STREET PARKING AND LOADING REQUIREMENTS FOR THE FOUNTAIN
SHOPPES OF MCHENRY SHOPPING CENTER IN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality
as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Jonathan Descher 612 Wimbelton
Trail McHenry, IL 60050 (Applicant") requesting a Use Variance to allow a restaurant, located
at 335-337 Front Street, serving alcohol with outdoor seating, service and consumption of food
and alcohol outdoors and a Variance from the Off -Street Parking and Loading Requirements at
the Fountain Shoppes of McHenry Shopping Center legally described on Exhibit A attached
hereto and incorporated herein, the "SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on June 22, 2016 in the manner prescribed by ordinance and statute, and as a result
of said hearing, the Planning and Zoning Commission did recommend to the City Council the
granting of the requested Use Variance and Variance (6-0); and
WHEREAS, the City Council has considered the evidence and recommendations from
the Planning and Zoning Commission and finds that the approval of the requested Conditional
Use Permit and Variance is consistent with the objectives of the City of McHenry Zoning
Ordinance to protect the public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION l: That 335-337 located on the SUBJECT PROPERTY is hereby granted a
Use Variance to allow a restaurant serving alcohol with outdoor seating past 10:00 p.m., service
and consumption of food and alcohol outdoors at the SUBJECT PROPERTY (courtyard area)
subject to the following conditions:
• Interior cameras shall be installed within 335/337 N Front which will allow employees to
monitor the outdoor seating area at all times;
• All other provisions of the outdoor seating ordinance shall be met;
• Outdoor seating area shall maintain existing lighting and be in compliance with the city's
outdoor lighting ordinance;
• Gate shall be installed at the entrance to the courtyard area to provide a physical
separation between the parking area and courtyard area; and
• Outdoor seating, including tables and seats and sizes, shall be consistent with those
included in the application packet.
SECTION 2: In granting said Use Variance, the City Council finds that the requirements
of Table 32(A) of the Zoning Ordinance have been met in that:
For reasons fully set forth in the written findings, the strict application of the
provisions of the Zoning Ordinance relating to the use of the buildings or structures,
or the use of the land, would result in unnecessary and undue hardship upon the
applicant, as distinguished from mere inconvenience.
2, The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations in the Zoning Ordinance for the pertinent
zoning district.
3. Special circumstances, fully described in the written findings, exist that are peculiar
to the property for which the use variance is sought and that they do not apply
generally to other properties in the same zoning district.
4. The granting of the use variance will not alter the essential character of the locality
nor substantially impair environmental quality, property values, or public safety or
welfare in the vicinity.
5. The granting of a use variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the City's Comprehensive Plan.
SECTION 3: That the SUBJECT PROPERTY is hereby granted a 13-space variance
from the off-street parking and loading requirements.
SECTION 4: In granting said Variance the City Council finds that the requirements
of Table 32 of the Zoning Ordinance have been met in that:
Special circumstances exist that are peculiar to the property for which the
variance is sought and that do not apply generally to other properties in the same
zoning district. And these circumstances are not of so general or recurrent a
nature as to make it reasonably practical to provide a general regulation to cover
them.
2. The special circumstances referenced herein relate only to the physical character
of the land or building(s) for which the variance is sought, such as dimension,
topography, or soil conditions. They do not concern any business or activity the
present or prospective owner or tenant carries on, or seeks to carry on, therein, not
to the personal, business, or financial circumstances of such owner or tenant or
any other party with interest in the property.
3. The special circumstances that are the basis for the variance have not resulted
from any act of the applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a mere
inconvenience.
5. A Variance is necessary for the applicant to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and does
not confer a special privilege ordinarily denied to other properties in the district.
6. The granting of a Variance is necessary not because it will increase the
applicant's economic return, although it may have this effect, but because without
the variance the applicant will be deprived of any reasonable use or enjoyment of
the property.
7. The granting of a Variance will not alter the essential character of the locality nor
substantially impair environmental quality, property values, or public safety or
welfare in the vicinity.
8. The granting of a Variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in
light of any changed conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED AND APPROVED THIS 19t'' DAY OF SEPTEMBER 2016.
Voting Aye:
Voting Nay:
Not Voting:
Abstain:
Absent:
ATTEST:
CONDON, PETERSON, WIi�iNiER, CURRY, SCHAEFER, SANTi
GLAB
NONE
ONE
ONE
Mayor
PARCEL 1: THE NORTH HALF OF THE FOLLOWING DESCRIBED PREMISES: THAT PART OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE WESTERLY SIDE OF THE
STATE HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF
SECTION 35; THENCE SOUTHERLY ON THE WEST LINE OF SAID SECTION 35, 1010.24 FEET
FOR A PLACE OF BEGINNING; THENCE EASTERLY ON A LINE PARALLEL WITH THE EAST AND
WEST QUARTER SECTION LINE, 658.69 FEET TO AN INTERSECTION WITH THE WEST LINE OF
THE STATE HIGHWAY (NOW KNOWN AS ROUTE 31); THENCE SOUTHERLY ON THE WEST LINE OF
SAID STATE HIGHWAY, 310.42 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE
WESTERLY ON SAID SOUTH'LINE THEREOF; 666.18 FEET TO THE WEST LINE OF SAID
SECTION; THENCE NORTHERLY ON SAID SECTION LINE, 311.46 FEET TO THE PLACE OF
BEGINNING, (EXCEPTING THEREFROM THE NORTH 60 FEET THEREOF; AND ALSO EXCEPTING
THEREFROM THE WEST 420.00 FEET, EXCEPT THE NORTH 60 FEET THEREOF), IN MCHENRY
COUNTY, ILLINOIS. ALSO
PARCEL 2: THE SOUTH HALF OF THE FOLLOWING DESCRIBED PREMISES: PART OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE WESTERLY SIDE OF THE
STATE HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF.'
SECTION 35; THENCE SOUTHERLY ON THE WEST LINE OF.SAID SECTION 35, 1010.24 FEET
FOR A PLACE OF BEGINNING; THENCE EASTERLY ON A LINE PARALLEL WITH THE EAST AND
WEST QUARTER SECTION LINE, 65B.69.FEET TO AN INTERSECTION WITH THE WEST LINE OF
THE STATE HIGHWAY (NOW KNOWN AS ROUTE 31), THENCE SOUTHERLY ON THE WEST LINE OF
SAID STATE HIGHWAY, 310.42 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE
WESTERLY ON SAID SOUTH LINE THEREOF, 666.18 FEET TO THE WEST LINE OF SAID
SECTION; THENCE NORTHERLY ON SAID SECTION LINE, 311,46 FEET TO THE PLACE OF
BEGINNING, IN MCHENRY COUNTY, ILLINOIS. ALSO
PARCEL 3: THE NORTH 60 FEET OF THE NORTH.HALF OF.THE FOLLOWING DESCRIBED
PREMISES: PART. THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE
WESTERLY SIDE OF THE•STATE HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST
QUARTER CORNER OF SECTION 35; THENCE SOUTHERLY ON THE WEST LINE OF SAID SECTION-
35, 1010.24 FEET FOR A PLACE OF BEGINNING; THENCE EASTERLY ON A LINE PARALLEL
WITH THE EAST AND WEST QUARTER SECTION LINE, 658.69 FEET TO AN INTERSECTION WITH
THE WEST LINE OF THE STATE HIGHWAY (NOW KNOWN AS ROUTE 31); THENCE SOUTHERLY ON
THE WEST LINE OF SAID STATE HIGHWAY, 310.42 FEET, MORE OR LESS, TO AN
INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 35; THENCE WESTERLY ON SAID SOUTH LINE THEREOF, 666.18
FEET TO TEN WEST LINE OF SAID SECTION; THENCE NORTHERLY ON SAID SECTION LINE,
311.46 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. ALSO
PARCEL 4: THE WEST 420.00 FEET OF THE NORTH HALF.OF THE FOLLOWING DESCRIBED REAL
ESTATE: THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE
WESTERLY SIDE OF THE STATE HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST
QUARTER CORNER OF SECTION 35;1 THENCE SOUTHERLY ON THE WEST LINE OF SAID SECTION 35,
1010.24 FEET FOR A PLACE OF BEGINNING; THENCE EASTERLY ON A LINE PARALLEL WITH THE
EAST AND WEST QUARTER SECTION LINE, 658.69 FEET TO AN INTERSECTION WITH THE WEST LINE
OF THE STATE HIGHWAY (NOW KNOWN AS ROUTE 31); THENCE SOUTHERLY ON THE WEST LINE OF
SAID STATE HIGHWAY, 310.42 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTH LINE
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE WESTERLY
ON SAID SOUTH LINE THEREOF, 666.18 FEET TO THE WEST LINE OF SAID SECTION; THENCE
NORTHERLY ON SAID SECTION LINE, 311.46 FEET TO THE PLACE OF BEGINNING, (EXCEPTING
THEREFROM THE NORTH 60 FEET THEREOF), IN MCHENRY COUNTY, ILLINOIS,
McHenry County Recorder# 2009R0002676